HomeMy WebLinkAboutOrdinance No. 2023-03ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA ADOPTING A CODE AMENDMENT MODIFYING AND
AMENDING ARTICLE XI - REAL PROPERTY RECORDS REPORT,
SECTION 14-331 EXCEPTIONS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Azusa, California (the "City’') is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, Article XI, Real Property Records Report was created in 1986 as a
consumer protection measure, as well as a continuing method to improve and maintain the
quality of all properties within the City of Azusa; and
WHEREAS, the Real Property Records Report process allows for the review of all
property to ensure proper compliance with all applicable laws and ordinances such as, the
Building Code, Zoning Code, property maintenance, and the Azusa Municipal Code, prior to
entering into an agreement of sale; and
WHEREAS, on February 21, 2023, the City Council received a staff report on the
applicability of the Real Property Records Report; and
WHEREAS, during the February 21, 2023 meeting direction was provided to staff to
provide clarity on the program, especially in situations where said property may be under
constant monitoring such as a Home Owners Association ("HOA"); and
WHEREAS, the City has a substantial interest in providing clarity especially during the
transaction of land; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Additions to the Azusa Municipal code arc shown in underlined and the
deletions are denoted by strikethrough. Text underlined in blue font represent hyperlinks.
SECTION 3. Sections 14-331 of the Azusa Municipal Code is hereby amended as
shown below:
Sec. 14-331. Exceptions
This article shall not apply to the following:
(1) The first sale of residential or commercial buildings or condominiums located in a
subdivision whose final map has been approved and recorded in accordance with
the Subdivision Map Act not more than two years prior to the first sale.
(2)Mobilehomes and trailers occupying land on a month-to-month rental or annuallease agreement where land sales are not involved and the use is in compliance withlocal zoning requirements.(3)Buildings and properties acquired or conveyed by the city.( 4)Condominiums, townhouses, dwellings with a planned unit development(PUD), units within a homeowners association (HOA).(5) Single Family Residences built after the year 2000.SECTION 4. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061 (b )(3 ), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 213 E. Foothill Blvd., Azusa, CA 91702. The custodian of these records is the City Clerk. SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa.
PASSED, APPROVED and ADOPTED this 18^'’ day of August, 2023.
Robert Gonzales
Mayor
ATTEST:
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City Cler
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
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I HEREBY CERTIFY I, City Clerk of the City of Azusa hereby certify that the
foregoing Ordinance No. 2023-03, was duly introduced and placed upon its first reading at a
regular meeting of the City Council of the City of Azusa held on the 2U‘ day of August 2023,
and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 18
day of September 2023, by the following vote of the Council:
Ih
COUNCILMEMBERS: GONZALES, MENDEZ, ALVAREZ, AVILA, BECK.WITH
COUNCILMEMBERS; NONE
COUNCILMEMBERS: NONE
AYES:
NOES:
ABSENT:
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ity Cler]
APPROVED AS TO FORM:
Best,(Best «& Krieger,
City Attorney